Seafarers' Int'l Union of North America, Etc.

National Labor Relations Board - Board Decisions

Apr 13, 1960

127 N.L.R.B. 207 (N.L.R.B. 1960)

SEAFARERS ' INT'L UNION OF NORTH AMERICA, ETC. 207
recommend hiring and discharge. We find that she is a supervisor
and exclude her.
K. Morini, L. Cavalli, L. Croft, and D. Salcedo are secretaries to
the Employer's vice president-treasurer, the office manager, the store
manager and assistant store manager, and the vice president of Hotel
Supply, respectively. Although these employees have access to the
minutes of directors' meetings or to personnel and other files, there is
no evidence that they act in a confidential capacity to any person who
formulates, determines, and effectuates the Employer's labor relations
policies. We find that they are not confidential employees and shall
include them in the unit.?
Accordingly, we find that all office clerical employees at the offices
of Dohrmann Commercial Company and Dohrmann Hotel Supply
Co., at 972 and 984 Mission Street, San Francisco, California, exclud-
ing confidential secretaries, salesmen, professional employees, and
supervisors as defined in the Act, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
[Text of Direction of Election omitted from publication.]
7 Arden Farms, et al, 117 NLRB 318, 320, The B F Goodrich Company, 115 NLRB
722, 724
Seafarers ' International Union of North America, Atlantic and
Gulf District , Harbor and Inland Waterways Division, AFL-
CIO and Superior Derrick Corporation . Case No. 15-CC-71.
April 13, 1960
SUPPLEMENTAL DECISION AND ORDER
On November 12, 1958, the Board issued its Decision and Order'
herein, finding that the Respondent had violated Section 8 (b) (4) (A)
and (B) of the Act. With respect to certain other unfair labor prac-
tices alleged in the complaint, the Board dismissed. On January 21,
1960, the United States Court of Appeals for the Fifth Circuit
affirmed the Board's finding of a violation but reversed that part of
the Board's Decision and Order dismissing certain allegations of the
complaint and remanded the case to the Board for action consistent
with the court's opinion?
In its original decision, a majority of the Board participating
therein found that the Respondent's picketing at the Dumaine Street
wharf violated Section 8(b) (4) (A) and (B) of the Act. However,
with respect to Respondent's picketing at the Gretna Street wharf, a
1122 NLRB 52.
' Superior Derrick Corporation v N L R B., 273 F. 2d 891 (C A 5).
,127 NLRB No. 11.
208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
majority of the Board found that, as the employees of Southern
Pacific Railroad Company were the only secondary employees who
were allegedly induced to cease work, and as such railroad employees
were not "employees" within the meaning of the Act, the Respondent
did not violate Section 8(b) (4) (A) and (B) of the Act with respect
to that incident. The court found, however, that the railroad em-
ployees came within the purview of Section 8 (b) (4) (A) and (B) and
that, by the conduct of its pickets at the Gretna Street wharf, the
Respondent induced such employees not to perform services for their
employer under such circumstances as to constitute a violation of
Section 8(b) (4) (A) and (B) of the Act.'
In conformance with the decision of the United States Court of
Appeals for the Fifth Circuit, the Board now finds that the Respond-
ent's picketing at and near the Gretna Street wharf induced and
encouraged the employees of the Southern Pacific Railroad Company
to engage in a concerted refusal to perform any services with an object
of forcing their employer to cease doing business with Superior
Derrick Corporation, and with an object of forcing Superior Derrick
to recognize the Respondent as the representative of its employees,
although the Respondent was not the representative certified by the
Board under Section 9 of the Act, thereby violating Section
8(b) (4) (A) and (B) of the Act.
AMENDED ORDER
IT IS HEREBY ORDERED that the Board's original Order herein be
amended to read as follows :
Upon the entire record in this case and pursuant to Section 10(c)
of the National Labor Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respondent, Seafarers' Inter-
national Union of North America, Atlantic and Gulf District, Harbor
and Inland Waterways Division, AFL-CIO, its officers, representa-
tives, agents, successors, and assigns shall :
1. Cease and desist from engaging in, or inducing or encouraging
the employees of Texia Stevedoring, Inc., and the Southern Pacific
8 With respect to the question of whether railroad employees are "employees" within
the meaning of the Act , prior to its amendment by the Labor-Management Reporting and
Disclosure Act of 1959, Chairman Leedom and Member Fanning, with due deference to
the opinion of the court Hof appeals herein, adhere to their view as expressed in Lumber &
Sawmill Workers Local Union No. 2409 ( Great Northern Railway Co .), 126 NLRB 57,
footnote 3. Moreover , Member Fanning , in respectful disagreement with the court, would
not find that Respondent's conduct at the Gretna wharf constituted unlawful inducement
within the meaning of Section 8(b) (4) (A ) and (B ) of the Act for the reasons set forth
in his separate dissenting and concurring opinion in the original decision in this case.
Members Rodgers and Jenkins, for reasons indicated in their respective dissents in Paper
Makers Importing Co., Inc ., et at., 116 NLRB 267, and American Coal Shipping, Inc.,
et at., 124 NLRB 1079, are in agreement with the view of the court herein. Member
Jenkins did not participate in the original decision in this case and joins herein solely to
reiterate his views as expressed in his dissenting opinion in the American Coal Shipping
case.
SEAFARERS ' INT'L UNION OF NORTH AMERICA , ETC. 209
Railroad Company or any other employer to engage in , a strike or
a concerted refusal in the course of their employment to use, manu-
facture, process, transport, or otherwise handle or work on any goods,
articles, materials, or commodities, or to perform any services, where
an object thereof is to force or require any employer or other person to
cease doing business with Superior Derrick Corporation or to force
or require Superior Derrick Corporation to recognize or bargain with
the Respondent as the representative of its employees, unless the
Respondent has been certified as the representative of such employees
under the provisions of Section 9 of the Act.
2. Take the following affirmative action, which the Board finds will
effectuate the policies of Act :
(a) Post at its offices and meeting halls in New Orleans, Louisiana,
copies of the notice attached hereto marked "Appendix." 4 Copies of
said notice, to be furnished by the Regional Director for the Fifteenth
Region, shall, after being duly signed by an authorized representative
of the Respondent, be posted by the said Respondent immediately
upon receipt thereof, and be maintained by it for a period of 60 con-
secutive days thereafter in conspicuous places, including all places
where notices to members are customarily posted. Reasonable steps
shall be taken by the Respondent to insure that the notices are not
altered, defaced, or covered by any other material.
(b) Furnish to the Regional Director for the Fifteenth Region
signed copies of the notice attached hereto for posting at the premises
of Superior Derrick Corporation, Texla Stevedoring, Inc., and the
Southern Pacific Railroad Company, in places where notices to their
employees are customarily posted, if they are willing to do so.
(c) Notify the Regional Director for the Fifteenth Region, in
writing, within 10 days from the date of this Order, what steps the
Respondent has taken to comply herewith.
MEMBER BEAN took no part in the consideration of the above Sup-
plemental Decision and Order.
+ In the event that this Order Is enforced by a decree of a United States Court of
Appeals , there shall be substituted for the words "Pursuant to a Decision and Order" the
words "Pursuant to a Decree of the United States Court of Appeals , Enforcing an Order "
APPENDIX
NOTICE TO ALL MEMBERS OF SEAFARERS' INTERNATIONAL UNION OF
NORTH AMERICA, ATLANTIC AND GULF DISTRICT, HARBOR AND INLAND
WATERWAYS DIvISION, AFL-CIO, AND TO ALL EMPLOYEES OF TEXLA
STEVEDORING, INC., SOUTHERN PACIFIC RAILROAD COMPANY, AND
SUPERIOR DERRICK CORPORATION
Pursuant to a Supplemental Decision and Order of the National
Labor Relations Board, and in order to effectuate the policies of the
National Labor Relations Act, as amended, we hereby notify you that:
560940-61-vol 127-15
210 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
WE WILL NOT engage in, or induce or encourage the employees
of Texla Stevedoring, Inc., or of Southern Pacific Railroad Com-
pany, or any other employer, to engage in, a strike or a concerted
refusal in the course of their employment to use, manufacture,
process, transport, or otherwise handle or work on any goods,
articles, materials, or commodities, or to perform any services,
where an object thereof is to force or require any employer or
other person to cease doing business with Superior Derrick Cor-
poration or to force or require Superior Derrick Coporation to
recognize or bargain with Seafarers' International Union of
North America, Atlantic and Gulf District, Harbor and Inland
Waterways Division, AFL-CIO, as the collective bargaining rep-
resentative of any of Superior's employees, unless we are certified
as such representative under the provisions of Section 9 of the Act.
SEAFARERS' INTERNATIONAL UNION OF NORTH
AMERICA, ATLANTIC AND GULF DISTRICT,
HARBOR AND INLAND WATERWAYS DIVISION,
AFL-CIO,
Labor Organization.
Dated---------- ------ By-------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered , defaced, or covered by any other material.
International Brotherhood of Electrical Workers, Local No. 349
and Frank Schafer , Inc. Case No. AO-8. April 14, 1960
ADVISORY OPINION
This is a petition filed by Frank Schafer, Inc., herein called the
Employer, pursuant to Section 102.98 of the Board's Rules and Regu-
lations, praying for an advisory opinion by the Board as to whether
it would assert jurisdiction over "the labor controversy" described
therein.
A. It appears from said petition that :
1. The Employer, a Florida corporation, is an electrical contractor
with its principal place of business in Miami, Dade County, Florida.
It is engaged in different areas in Dade County, Florida, on several
electrical contracting jobs. One of said jobs is "the new 7-Up bottling
plant." "Commerce data based on [the Employer's] 1959 Federal
income tax return" discloses the following :
127 NLRB No. 34.